Where the claimant, a flight attendant, asserted that changes in an aircraft’s cabin pressure during a descent caused disabling injuries, she did not refute defendant employer’s evidence that nothing about the flight or the aircraft caused air pressure problems. The ...

Tagged with: Judge Robert P. Frank Virginia Court of Appeals Workers' Compensation

Appellant’s trial-court admission that his conviction order implicitly stated a 20-year period of good behavior, and his concession that he violated the terms of two suspended sentences by committing new offenses, precludes him from taking a contrary position on appeal. ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where appellant was sentenced in accordance with his plea agreement but did not challenge the court’s addition of a requirement that “he be of good behavior for the rest of his life upon his release from incarceration,” he is not ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where, as a condition of appellant’s suspended sentence, the court imposed a lifetime requirement of good behavior, appellant did not preserve his claim that the condition is unreasonable. Further, there is no basis to apply the ends of justice exception ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

The Court of Appeals rejects defendant’s speculative argument that he was not previously convicted of a sexually violent offense because his conviction order did not specify a particular section of the relevant statute. Facts In 2003, defendant Wright was convicted ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

Where two witnesses allegedly perjured themselves by changing their prior statements and providing favorable testimony to the defendant at his trial, and the defendant had written letters from jail describing his plan to convince two unidentified witnesses to provide favorable ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

A defendant who admitted he fired multiple gunshots into rooms occupied by two persons was properly convicted of two counts of shooting into an occupied building. Although he argued the shots were part of one continuous act and could not ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals

A bus driver who injured her lower back and hip after falling down the steps of a bus she was cleaning was entitled to workers’ compensation benefits for treatment of those injuries but was not entitled to benefits for neck ...

Tagged with: Judge Robert P. Frank Virginia Court of Appeals Workers' Compensation

The court found a foundation repair company that repeatedly failed to obtain building permits or inspections and was sanctioned by the Department of Professional and Occupational Regulation for its eighth violation had notice of the board’s range of sanctions and ...

Tagged with: Administrative Judge Robert P. Frank Virginia Court of Appeals

In dismissing a direct appeal, the court noted that because a trial judge granted the defendant the relief he requested, it was up to the Department of Juvenile Justice to comply with the judge’s order, so the defendant’s grievance was ...

Tagged with: Criminal Judge Robert P. Frank Virginia Court of Appeals